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Hear this out loud PauseAn authorization must be in writing, written in plain language, and must contain specific elements and statements to be valid. The specific elements and statements in a valid authorization are: Elements: A description of the PHI.
Authorization. A covered entity must obtain the individual's written authorization for any use or disclosure of protected health information that is not for treatment, payment or health care operations or otherwise permitted or required by the Privacy Rule.
Hear this out loud PauseMore generally, HIPAA allows the release of information without the patient's authorization when, in the medical care providers' best judgment, it is in the patient's interest. Despite this language, medical care providers are very reluctant to release information unless it is clearly allowed by HIPAA.
Hear this out loud PauseYour health information cannot be used or shared without your written permission unless this law allows it. For example, without your authorization, your provider generally cannot: Give your information to your employer. Use or share your information for marketing or advertising purposes or sell your information.
Hear this out loud PauseBy contrast, hospital employees cannot look up a patient's medical record on a whim. Without permission, this would be a violation of HIPAA's Privacy Rule.